Michigan Lawyer Guardian Ad Litem

While a guardian ad litem does not need to be an attorney, there is a class of guardians ad litem who must be an attorney. These guardians are called “lawyer guardians ad litem” or lawyer GALs.

When Is a Lawyer Guardian Ad Litem Appointed?

The Juvenile Code (MCLA 712A.1 et seq.) requires the court to appoint a lawyer GAL for every minor child subject to a juvenile court proceeding. A lawyer GAL is different from a generic GAL in several ways. First, the lawyer GAL represents the child and does not owe a duty to the court other than to be ethical. Second, any communication between the child and the lawyer GAL is privileged because of the attorney/client relationship. Finally, a lawyer GAL cannot be cross-examined. A court can appoint a GAL or a lawyer GAL over the objections of a party.